People ex rel. Arfken v. York

Citations

• 106 A.D. 590
• 94 N.Y.S. 812
• 1905 N.Y. App. Div. LEXIS 2637

Syllabus

<p>Dismissal for a failure to prosecute — when proper.</p> <p>Where issue is joined upon an alternative writ of mandamus and the case is placed upon the calendar, if, upon a motion made by the respondent to dismiss the proceedings for-lack of prosecution, it appears that younger issues upon the calendar have been tried in their regular order and no excuse is offered for the delay on the part of the relator in bringing the issue to trial, the respondent, under section 833 of the Code of Civil Procedure and rule 86 of the General Rules of Practice, is entitled to have his motion granted- and the order state that the proceedings were dismissed for a failure to prosecute.</p>